ARBITRATION AND WAIVER OF CLASS ACTION Clause Samples

ARBITRATION AND WAIVER OF CLASS ACTION. Please read this Arbitration and Waiver of Class Action section carefully. If you and USB are unable to resolve a dispute, you and USB agree that upon election by either you or USB, any Covered Claim shall be resolved by arbitration on an individual basis according to the terms of this Arbitration and Waiver of Class Action section. Accordingly, you agree to waive your right to a trial by a judge or jury or to participate in a collective or class action against us in connection with any Covered Claim. This Arbitration and Waiver of Class Action section shall be governed by the Federal Arbitration Act, and to the extent that local law applies, by the laws of the State of Nevada. If, according to our records, you opted-out of arbitration for your Account prior to the effective date of this Agreement, this Arbitration and Waiver of Class Action section does not apply to your Account. What is arbitration? Which claims or disputes are subject to arbitration? Is there an alternative to arbitration? Who administers the arbitration? How does arbitration start? Who pays the Administrator’s fees? Where will the arbitration take place? How does the arbitration work? Can a decision by the arbitrator be appealed? What is the waiver of class action?

ARBITRATION AND WAIVER OF CLASS ACTION. The Credit

ARBITRATION AND WAIVER OF CLASS ACTION. I acknowledge and agree that, to the extent permitted by applicable law, all claims and disputes relating to the terms and conditions of this Agreement with the University are to be settled by binding arbitration in the State of New York. Unless the parties mutually agree otherwise in writing, such arbitration shall be submitted to a single arbitrator, with the arbitration to be held in the City of Buffalo, New York and administered by the American Arbitration Association, in accordance with its rules that are in effect on the date a demand for arbitration is made by either party. Demand for arbitration shall be made in writing, delivered to the other party, and filed with the person or entity administering the arbitration. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. To the extent permitted by applicable law, I further acknowledge and agree that: (i) any claim or dispute regarding this agreement shall be deemed personal in nature and shall only be conducted as an individual arbitration and not as a class action or other form of representative action; (ii) I expressly waive any right to file or participate in a class action or seek relief on a class or representative basis; and (iii) the arbitrator may only conduct an individual arbitration, may not consolidate more than one individual’s claims, and may not preside over any form of representative or class proceeding relating to such claims.

ARBITRATION AND WAIVER OF CLASS ACTION. READ THIS PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES AND CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS SET FORTH BELOW.

ARBITRATION AND WAIVER OF CLASS ACTION. Please read this Arbitration and Waiver of Class Action section carefully. IF YOU AND FSB ARE UNABLE TO RESOLVE A DISPUTE, YOU AND FSB AGREE THAT UPON ELECTION BY EITHER YOU OR FSB, ANY COVERED CLAIM SHALL BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THE TERMS OF THIS ARBITRATION AND WAIVER OF CLASS ACTION SECTION. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHT TO A TRIAL BY A JUDGE OR JURY OR TO PARTICIPATE IN A COLLECTIVE OR CLASS ACTION AGAINST FSB IN CONNECTION WITH ANY COVERED CLAIM. THIS ARBITRATION AND WAIVER OF CLASS ACTION SECTION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, AND TO THE EXTENT THAT LOCAL LAW APPLIES, BY THE LAWS OF THE STATE OF TEXAS. Arbitration is a method of resolving disputes without filing a lawsuit in court. In arbitration, parties present their dispute to a neutral third person – called an arbitrator – instead of a judge or jury. Generally, arbitration is faster, less expensive and simpler than a lawsuit in court. Arbitrators apply the same laws and can award the same remedies as a court, and parties have the right to be represented by attorneys in arbitration. Covered Claims must be arbitrated if either you or FSB elect arbitration. A Covered Claim is any pre-existing, present, or future claim, dispute or controversy between you and FSB concerning a deposit account covered by this Agreement (a “Covered Claim”). The term “Covered Claim” is intended to be broadly interpreted, and includes, but is not limited to, claims: • arising out of or relating to any aspect of the relationship between you and FSB, whether based on contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory, regardless of the remedy sought or whether the claim pertains to this Agreement or a prior or future version of it; • relating to advertising or disclosures for any of FSB’s products or services; • relating to your past, present, or future accounts, including the establishment, operation, servicing, collections, or termination of your accounts, transactions involving or relating to your accounts, or any products, services, or benefits offered in connection with your accounts; • relating to the retention, protection, use, or transfer of information about you or any of your accounts for any of our products or services; • relating to communications with you concerning your accounts or any of our products or services, including emails and automatically dialed calls and text messages; • claims that may ari...

ARBITRATION AND WAIVER OF CLASS ACTION. You and Greater Iowa Credit Union agree that we shall attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services the credit union has provided, will provide or has offered to provide to you, and/or any aspect of your relationship with the credit union (hereafter referred to as the “Claims”) before either of us initiates a formal proceeding to resolve the Claim. If that cannot be done after good faith efforts, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at ▇▇▇.▇▇▇.▇▇▇; or, a copy of the Rules can be obtained at any of our branches upon request. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by:

ARBITRATION AND WAIVER OF CLASS ACTION. Please read this provision carefully. It affects my rights and may have a substantial impact on how legal claims you and I have against each other are resolved if I do not opt-out as permitted below.

ARBITRATION AND WAIVER OF CLASS ACTION. YOU AND WE AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS ▇▇▇▇, THE DEXTERPAY PRIVACY POLICY, AND/OR THE MOBILE APP SHALL BE FINAL AND BINDING ARBITRATION. YOU EXPRESSLY WAIVE AND GIVE UP ANY RIGHT TO BRING A CLASS ACTION, ACT AS A CLASS REPRESENTATIVE, OR SEEK TO JOIN OTHER CLAIMS OF OTHER PARTIES, IN ANY ARBITRATION PROCEEDING. The foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction. Within thirty (30) days after either party has notified the other in writing that it is submitting a dispute to arbitration, one (1) arbitrator shall be chosen under the then current Rules of the American Arbitration Association (“AAA”) pertaining to consumer disputes (“Rules of the AAA”). The arbitration will be held in Linn County, Iowa, and will be conducted according to the Rules of the AAA. These Terms, the Privacy Policy and the arbitration shall be governed by the Federal Arbitration Act, and the laws of the State of Iowa without regard to its conflicts of law provisions. The arbitration award shall be by a written decision containing findings of fact and conclusions of law shall be final and binding and may be enforced by any court of competent jurisdiction. The party prevailing in the arbitration or other legal proceedings is entitled to recover its litigation costs, including reasonable attorney's fees. In no case shall the arbitrator be authorized to award costs and damages otherwise prohibited herein.

ARBITRATION AND WAIVER OF CLASS ACTION. You and the Credit Union agree that we shall attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services the Credit Union has provided, will provide or has offered to provide to you, and/or any aspect of your relationship with the Credit Union (hereafter referred to as the Claims). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (Arbitration Agreement), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by either the American Arbitration Association (AAA) in accordance with its applicable rules and procedures for consumer disputes or JAMS in accordance with its applicable rules and procedures for consumer disputes (Rules), whether such Claims are in contract, tort, statute or otherwise. The Rules can be obtained on the AAA website free of charge at ▇▇▇.▇▇▇.▇▇▇ or on the JAMS website free of charge at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (1) making written demand for arbitration upon the other party,